Who has the right to challenge a Will, or a Trust for that matter? To challenge a Will or a Trust in California, the person filing the Trust or Will contest lawsuit must have legal standing to do so. The concept of standing has evolved from centuries of jurisprudence, first in England and then adopted […]
The answer is maybe, but you’re going to face an uphill battle. Unfortunately, the law does not give you an automatic right to receive a parent’s assets. The step-parent problem may be one of the most difficult, and least understood, issues in Trust and Will law. And it can play out in many different ways […]
The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not […]
When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through […]
Last updated on 09/04/2024 What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. Understanding Inheritance Rights in California For starters, in California children do not have a right to inherit any property from a […]
When arranging to take care of your loved ones after your death becomes a concern, it’s necessary to consult an expert in matters of estate planning and probate. An experienced attorney can help you determine your needs and how best to ensure your last wishes will be met. Even so, it may be helpful to […]
Elder Financial Abuse: Estate Planning Can Help California defines financial elder abuse as the unlawful appropriation of money or tangible property from a person who is elderly. Whether from outright theft or from manipulation, elder abuse is a serious infraction that can result in jail time. Examples Of Elder Abuse Cashing checks without authorization Obtaining […]
Elder Financial Abuse: Estate Planning Can Help California defines financial elder abuse as the unlawful appropriation of money or tangible property from a person who is elderly. Whether from outright theft or from manipulation, elder abuse is a serious infraction that can result in jail time. Examples Of Elder Abuse Cashing checks without authorization Obtaining […]
A Fiduciary Can Be Part Of Estate Planning A fiduciary is an individual or organization who has been given the legal authority to act in the best interest of another in various situations. It is important they are loyal, honest and worthy of trust. A fiduciary is hired to make important decisions without regard to […]
Many people operate under the mistaken assumption that the law is black and white. That is to say, the law is enforced as it is written…period. But the law is not so black and white after all. In fact, most of the time there is plenty of grey area in the law. This happens for […]
